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GR No. 222541, February 15, 2017 Del Rosario V. Del Rosario

The Supreme Court ruled that while an expert opinion can provide evidence of psychological incapacity, it is not absolutely necessary for a petition under Article 36 of the Family Code. The evidence does not need to come directly from the allegedly incapacitated spouse but can come from close friends or relatives who can testify to their condition at the time of marriage. However, the totality of evidence must still establish the characteristics of gravity, incurability, and existence prior to marriage according to previous rulings.

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71 views1 page

GR No. 222541, February 15, 2017 Del Rosario V. Del Rosario

The Supreme Court ruled that while an expert opinion can provide evidence of psychological incapacity, it is not absolutely necessary for a petition under Article 36 of the Family Code. The evidence does not need to come directly from the allegedly incapacitated spouse but can come from close friends or relatives who can testify to their condition at the time of marriage. However, the totality of evidence must still establish the characteristics of gravity, incurability, and existence prior to marriage according to previous rulings.

Uploaded by

Bon Yuseff
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as RTF, PDF, TXT or read online on Scribd
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GR No.

222541, February 15, 2017

DEL ROSARIO v. DEL ROSARIO

FACTS:

ISSUE:

Whether or not an Expert Opinion is Absolutely Necessary in a Petition under Article 36 of the
Family Code.

RULING:

The policy of the Constitution is to protect and strengthen the family as the basic social
institution, and marriage as the foundation of the family. Because of this, the Constitution
decrees marriage as legally inviolable and protects it from dissolution at the whim of the parties.
In this regard, psychological incapacity as a ground to nullify the marriage under Article 36 of the
Family Code, as amended, should refer to the most serious cases of personality disorders clearly
demonstrative of an utter insensitivity or inability to give meaning and significance to the
marriage.

The evidence need not necessarily come from the allegedly incapacitated spouse, but can come
from persons intimately related to the spouses, i.e., relatives and close friends, who could clearly
testify on the allegedly incapacitated spouse’s condition at or about the time of the marriage.
To be clear, however, the totality of the evidence must still establish the characteristics that
Santos laid down: gravity, incurability, and juridical antecedence.

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